Litigation Strategies

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Some Lessons From Berg v. Nationwide Mut. Ins. Co.

On July 22, 2015, the Pennsylvania trial court in Berg v. Nationwide Mut. Ins. Co., Civ. Action No. 98-813 (Pa. Common Pleas, Jul. 22, 2015) filed a supplemental opinion under Pa. R.A.P. 1925(a) in connection with the appeal...more

PaleoLaw.

Words matter. I have chosen mine poorly. I am here to correct my ways. For the longest time, I have written critically of “BigLaw,” as if size itself was the problem. To be sure, most large law firms suffer from the problem,...more

Attention All Co-Defendants: Make Your Own Objections, Don’t Rely on a Co-Defendant

A recent Pennsylvania case presents the question: can a party rely on its co-defendant’s objections at trial, or must it join in an objection or make its own? In Amato v. Bell & Gossett, 116 A. 3d 607 (Pa. Super 2015),...more

5 Ways to Challenge a Grant of Summary Judgment

When a summary judgment motion is granted and you’re representing the opposing party, you have a few choices in how to respond. You can challenge the grant directly in the trial court by one of four motions or wait to appeal...more

[Webinar] Strategies for Class Action Defense: Four Key Developments - Sept. 9th, 12:00pm EDT

Please join BakerHostetler’s Class Action Defense practice team on Wednesday, September 9, 2015, for an informative Webinar discussing the latest in defense strategies for companies facing class actions. The presenters will...more

Changes in the Law Part 2: When Appellate Counsel Are Called Upon to Be Fortune Tellers

Several months ago, we reported on a case in which a Florida court ruled that in order to take advantage of a change in the law, a party must first make the proper objection at trial. In other words – trial lawyers were...more

How To Choose A Divorce Lawyer

Selecting the right attorney is an important decision in ending a marriage and successfully beginning the next stage of your life. The right Matrimonial Lawyer will assist you in identifying the issues, understanding your...more

12 Steps to an Effective Mock Trial

While the mock trial has become standard operating procedure in the preparation of a high-stakes jury trial, it is rarely used in the preparation of a bench trial or arbitration. As bench trials and arbitrations often...more

California Lawyer 2015 Roundtable Series – False Claims Act

False Claims Act practice is evolving in subtle ways that may particularly affect cases where the federal government does not intervene. Recent decisions help clarify the law’s “first-to-file” rule and who may pursue...more

Texas Anti-SLAPP Law: The Expanding Scope of the Texas Citizen’s Participation Act – Part 3

The basics of the Texas Anti-SLAPP law In part three we are going to deep dive into a specific case that has garnered a lot of attention-Schlumberger v. Rutherford which is currently on appeal to the Houston Court of...more

How To Make Computer Fraud Claims Stick

Employers need clear policies in order to use a federal criminal law as a civil remedy against workers. The recent decision in Allied Portables v. Youmans from the U.S. District Court for the Middle District of Florida...more

Five Tips for Success in Cyber Insurance Litigation

Many insurance coverage disputes can be, should be, and are settled without the need for litigation and its attendant costs and distractions. However, some disputes cannot be settled, and organizations are compelled to resort...more

New Lessons from Cosby: Confidential Doesn’t Always Mean Confidential

How, after all these years, did the truth about Bill Cosby finally come out? It happened on July 6, 2015 when a federal judge in Philadelphia ordered that documents filed in a lawsuit by one of Cosby’s accusers 10 years...more

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Courts Assess Whether Client and Lawyer Agents are Inside or Outside Privilege Protection: Part II

Last week's Privilege Point discussed a court's consideration of privilege protection for communications with client and lawyer agents. Two weeks later, another court analyzed Debevoise & Plimpton's argument that the...more

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

Abogados podrían asesorar a clientes en respecto a medios sociales

La mayoría de los abogados podrían recordar fácilmente una situación de litigio en la que publicaciones, fotos o videos de un cliente en medios sociales generaron más que cierta consternación tanto para su cliente como para...more

4 Keys to Using Your Opening and Closing to Persuade

Both the opening statement and the closing argument should be used to persuade. (No, it’s not all about direct and cross.) The adages about the importance of first impressions and last words are worth heeding....more

Preservation by Backup Tape – Your First Five Questions . . .

This is the inaugural post in Discovery Advocate’s new series, “Your First Five Questions,” in which we identify a question commonly (or sometimes not so commonly) seen in practice followed by the first five questions you...more

Lawyers May Advise on Clients’ Social Media Clean-Up

Most lawyers can easily recall a litigation scenario where a client’s past social media post, photo, or video caused more than a little consternation in both client and lawyer. A new opinion from The Florida Bar now allows...more

Serial Adversaries Are Still No Big Deal

Judge Indira Talwani issued an order on plaintiff Erik Cherdak’s renewal of his motion to disqualify, which we talked about last year in Serial Adversaries Are No Big Deal. And once again, she found that for Cooley, serial...more

Example of bad budget methodology

I just read something that made me say “wow, that is soooo wrong.” Out loud. Here is what I read (from Today’s General Counsel, Jun/Jul 2015, p. 42: Compounding the problem is the fact that most complex cases are unique. An...more

Common Interest Protection Depends on Participants Cooperating in a "Common Legal Strategy"

The common interest doctrine can avoid the normal waiver implications of separately represented clients sharing privileged communications. But the doctrine applies only in specific situations, and requires careful nurturing...more

Making Straight the Road: Case Litigation Plans as a Means of Efficiency and Predictability in the Tennessee Business Court

Tennessee’s recently-convened Davidson County Business Court will adjudicate business litigation in Nashville and may hear business cases from around the state with the consent of both parties. The Business Court’s stated...more

Paralepsis: Mentioning The Unmentionable

This blog is devoted to corporate and securities law issues. Therefore I refrain from venturing into other are topics even though they touch upon lawyers and lawyering. Lawyers, however, can learn a lot about trial conduct...more

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